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HomeMy WebLinkAboutCOUNCIL MINUTES 1959-04-13 Page 3867 MINUTES OF THE TWO HUNDRED SEVENTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 13, 1959, the above meeting was held at 33001 Five Mile Road, Livonia, Michigan, aid was called to order by the President at approximately 8:32 P. M. Councilman Sasser delivered the invocation. Roll was called with the following result: Present-- Austin T. Grant, Frank O'Neill, Sydney B. Bagnall, Rudolf R. Kleinert, Robert Sasser and James R. McCann. Absent-- *Jack Salvadore. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #174-59 RESOLVED that, the minutes of the 274th regular meeting of the Council of the City of Livonia held March 23, 1959, are hereby approved. Councilman Bagnall, Chairman, read a report dated April 7, 1959, from the Finance and Insurance Committee. *Councilman Jack Salvadore arrived at 8:35 P. M. By Councilman Bagnall, seconded by Councilman Sasser, it was #175-59 RESOLVED that, the recommendation of the Civil Service Commission for the establishment of two new classifications of Commercial License Clerk and Rgistration Clerk be tabled for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Sasser, it was #176-59 RESOLVED that, pursuant to the report aid recommendation of the Finance aid Insurance Committee dated April 7, 1959, the Council does hereby concur with and approve of the following rate schedules: First Assistant City Attorney - $8,000.00 Assistant City Attorney « $7,700.00, the aforementioned rate schedules to become effective May 1, 19593 and the sum of $250.00 is hereby transferred from the Unappropriated Surplus to the Department of Law Budget Account No. 1-A (Salaries). A roll call vote was taken on the foregoing resolution with the following result: Page 3868 AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnall , seconded by Councilman Salvadore, it was #177-59 RESOLVED that, pursuant to the report and recommendation of the Finance and Insurance Committee dated April 7, 1959, the Council does hereby transfer the sum of 51,000.00 from the Unappropriated Surplus to the City Planning Commission Budget Account No. 1-B (clerical salaries) and does also transfer the sum of $1,000.00 from the Unappropriated Sur- plus to the Executive Budget Account No. 1-B, to be used for the purpose of employing a Junior Clerk-Typist who will divide her time between the office of the City Planning Commission and the office of the Budget Director; and further the Civil Service Commission is requested to do all things necessary in connection with the employment of such additional employee. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman McCann, it was #178-59 RESOLVED that, pursuant to the report and recommendation of the Finance and Insurance Committee dated April 7, 1959, the Council does hereby concur with and approve of the following rate schedule: Construction Supervisor - $7,072.00, the aforementioned rate schedule to become effective May 1, 1959. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman McCann, it was #179-59 RESOLVED that, pursuant to the report and recommendation of the Finance and Insurance Committee dated April 7, 1959, the Council does hereby concur with and approve of the following rate schedule: Engineer IV - $5,624.32, the aforementioned rate schedule to become effective May 1, 1959. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. Page 3869 By Councilman Bagnall, seconded by Councilman Sasser, it was #180-59 RESOLVED that, pursuant to the request of the Civil Service Commission dated April 13, 1959, the establishment of classification of Drivers License Examiner and proposed salary for same be tabled for further consideration, it being understood that a further recommendation pertaining to this classification and rate will be forwarded to the Council within ten (10) dayys. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: Salvadore. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #181-59 RESOLVED that, pursuant to the report and recommendation of the Finance and Insurance Committee dated April 7, 1959, the Council does hereby determine and does reject the recommendation of the Civil Service Commission that there be established a new salary rate for the classifica- tion of Chief Clerk and further that this action is taken for the reasons contained in the aforementioned report. By Councilman Bagnall, seconded by Councilman Salvadore, it was #182-59 RESOLVED that, pursuant to the report and recommendation of the Finance and Insurance Committee dated April 7, 1959, the Council does hereby determine to take no action in regard to the longevity program recommended by the Civil Service Commission in order to afford time within which to compile data from other municipalities concerning similar programs. A roll call vote was taken an the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #183-59 RESOLVED that, pursuant to the report and recommendation of the Finance and Insurance Committee dated April 7, 1959, the Council does hereby determine qnd does reject the recommendation of the Civil Service Commission dated November 26, 1958, in regard to overtime pay for the Assistant City Engineer, aid that in the further interest of consistency, the Council recommends that the Civil Service Commission consider Page 3870 establishing a policy which would exclude all comparable administrative, executive and supervisory classifications from receiving overtime pay. By Councilman Bagnall, seconded by Councilman Sasser, it was #184-59 RESOLVED that, pursuant to the report and recommendation of the Finance and Insurance Committee dated April 7, 1959, the Council does hereby determine that the City of Livonia shall participate to the extent of 50% of the premium in the insurance program available through the National Police Officers Association of America, which program provides insurance coverage for police officers against whom actions are commenced for false arrest, malicious prosecution, unlawful detention, etc.; provided, however, that participation in such insurance program shall be voluntary an the part of each police officer. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #185-59 RESOLVED that, pursuant to the report and recommendation of the Finance and Insurance Committee dated April 7, 1959, the Council does hereby determine to and does reject the request of the Civil Service Com- mission dated March 2, 1959, for an additional appropriation to the Civil Service Commission Examiners Fee Account; provided, however, that as the necessity for funds arises in connection with paying Examination Fees, the Civil Service Commission may make the necessary requests to the Council and each individual request will be considered at that time. A ustin T. Grant, President of the Council, read a letter dated April 13, 1959, to the Mayor from the Director of Public Safety, stating that Detective Lieutenant Robert Turner, now attending the Federal Bureau of Investigation National Police Academy in Washington, D. C., was one of the top men in the class at the Academy. By Councilman Bagnall, seconded by Councilman McCann, it was #186-59 RESOLVED that, pursuant to the recommendation of the Department of Law dated March 30, 1959, the Council does hereby approve of the agree- ment entitled, "The Standard Form of Agreement between Owner and Architect", by and between the City of Livonia and Clair W. Ditchy Associates, 1232 Woodward Avenue, Royal Oak, Michigan, excluding provision #2 in the agree- ment as submitted by the Department of Law, for the construction of two fire stations; and the Mayor and City Clerk are hereby authorized to affix their signatures to such agreement for and on behalf of the City Page 3871 of Livonia; and that the fee for such architectural service is to be six per cent (6%) of the work according to the contract. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: Sasser. The President declared the resolution adopted. Councilman McCann was excused at 8:51 P. M. By Councilman Kleinert, seconded by Councilman Sasser, it was #187-59 RESOLVED that, the Council does hereby acknowledge receipt of a communication dated March 17, 1959, from the Water aid Sewer Board in regard to the anended rate schedule of the Wayne County Metropolitan Sewerage and Sewage Disposal System; and further the Council does hereby rescind Council resolution #99-59 adopted at the regular meeting of February 9, 1959, for the reason that it has determined to provide for the collection of such additional charge by the amendment to Ordinance No. 2214. of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following results AYES: Sasser, Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. Councilman McCann returned at 8:58 P. M. By Councilman Salvadore, seconded by Councilman McCann, it was #188-59 RESOLVED that, in order to afford the Council ample time to adequately review the budget of the Water and Sewer Division and in order not to impair the orderly operation and administration of the Water and Sewer Division, the Council does hereby approve of and accept the supplementary interim budget for said division as outlined in a letter from the Budget Director dated April 13, 1959, such interim budget to be in force and effect for a period of one month commencing April 1, 1959, and extending through April 30, 1959. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall and Grant. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Sasser, it was #189-59 RESOLVED that, having considered the recommendation of the Oity Planning Commission dated March 10, 1959, in regard to Petition Page 3872 No. Z-336 submitted by James N. Canham for Leo Stein asking for change of zoning classification on property located in the Northwest 1/4 of Section 11 from RUFB to PS, the Council does hereby determine to and does reject the request contained in said petition for the following reasons: (a) The requested zoning is not in harmony with the zoning or development of the surrounding neighborhood, nor is it in accord with the Comprehensive Zoning Map and Master Plan of the City of Livonia; (b) The existing zoning classification of such property, that is residential, is consistent with the immediate area and will encourage and promote the orderly development of the community and allows the property to be used for its most logical purpose; and (c) The requested zoning change, if granted, would be likely to interfere with the peaceful enjoyment of surrounding residential premises. A roll call vote was taken an the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant. NAYS: Bagnall. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman S asser and unanimously adopted, it was #190-59 RESOLVED that, having considered the recommendation of the City Planning Commission dated March 10, 1959, in regard to Petition No. Z-350 submitted by Harold O. Ford, Jr. and Bertram E. gynearson, Jr. asking for change of zoning classification on property located in the Northwest 1/4 of Section II from RUFB to PS, the Council does hereby determine to and does reject the request contained in saw petition for the following reasons: (a) The requested zoning is not in harmony with the zoning or development of the surrounding neighborhood, nor is it in accord with the Comprehensive Zoning Map and Master Plan of the City of Livonia; (b) The existing zoning classification of such property, that is residential, is consistent with the immediate area and will encourage and promote the orderly development of the community and allows the property to be used for its most logical purpose; L, and (c) The requested zoning change, if granted, would be likely to interfere with the peaceful enjoyment of surrounding residential premises. Page 3873 By Councilman Sasser, s econded by Councilman Bagnall and unanimously adopted, it was #191-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated March 10, 1959, in regard to Petition No. Z-357 sub- mitted by Donald Gaeke on behalf of George Klein and Jack Shenkman for change of zoning in the Southeast 1/4 of Section 2 from RUFB to R-1-A and C-2, the Council does hereby concur in said recommendation and does hereby grant said petition; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Kleinert, seconded by Councilman Bagnall and Unanimously adopted, it was #192-59 RESOLVED that, pursuant to the recommendation oft he City Plan- ning Commission dated January 15, 1959, in regard to Petition No. Z-346 initiated by the City Planning Commission on its own motion to determine whether or not Article 7.50 of Ordinance No. 60 entitled "Zoning Ordinance of the City of Livonia," should be amended, the Council does hereby ap- prove of and grant said petition; and the Department of Law having pre- viously prepared such amendment aid the same being in accordance with this resolution, the Council does hereby determine to introduce the above referred to amending ordinance at this time, pursuant to provision of law. Councilman Bagnall introduced the following Ordinance: NO. AN ORDINANCE AMENDING SECTION 7.52 OF ARTICLE 7.50 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1. Section 7.52 of Article 7.50 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is hereby amended to read as follows: Section 7.52. Uses Permitted. In all R-U Districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: (a) All uses in R-1 Districts as specified in Article 5.00, Section 5.02; provided, however, that notwithstanding any other provision of this ordinance contrary thereto or in conflict herewith, every residential lot or parcel in an R-U District shall have the minimum lot area set forth in Section 7.54 of this article. Page 3874 (b ) All uses permitted under Article 6.00 and Article 7.00 of this ordinance, that is R-2 and R-3 uses, are specifically excluded from and prohibited in the R-U District. (c) Professional offices and customary home occupations such as dentists and physicians offices, dance and music schools or dressmaking may be allowed by approval of the City Planning Commission with limitations so that the occupation is clearly an accessory to the permissive use, and the residential character of the exterior of the dwelling is not changed. (d) Display - Display of signs limited to information rather than advertising shall be not more than one (1) square foot placed not less than thirty (30) feet from the street right-of-way line. (e) Employment - Each home occupation and office shall have not more than one (1) employee other than members of the im- mediate family. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. If any part or parts of this ordinance are for any reason held to be invalid, such holding shall not affect the validity of the remaining portions of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Bagnall and unanimously adopted, it was #193-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated March 10, 1959, in regard to Petition No. Z-355 initiated by the_City Planning Commission on its own motion to determine whether or not Article 4.00 and Article 7.00 of Ordinance No. 60 entitled "Zoning Ordinance of the City of Livonia," should be amended, the Council does hereby approve of and grant said petition with the modification that Section 4.07 read 3000 square feet as originally proposed and advertised by the City Planning Commission rather than 2800 square feet; and the Department of Law having previously prepared such amendment and the same being in accordance with this resolution, the Council does hereby determine to introduce the above referred to amending ordinance at this time, pur- suant to provision of law. Councilman Sasser introduced the following Ordinance: NO. rattl AN ORDINANCE AMENDING SECTION 4.07 OF ARTICLE 4.00, AND SECTIONS 7.02, 7.04, 7.05, 7.06 AND 7.07 OF ARTICLE 7.00 OF ORDINANCE NO. 60, AS AMENDED, EN- TITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA." THE CITY OF LIVONIA ORDAINS: Section 1, Section 4.07 of Article 4.00 of Ordinance No. 60, as amended, is hereby amended to read as follows: Section 4.07. Minimum Lot Area for Dwellings. The minimum lot areas required for the sites of all dwellings, together with ac- cessory buildings, hereafter erected, are hereby established as follows: (a) One-family dwellings. Each one-family dwellings together with accessory buildings, shall be located on a lot of a size and width not less than the minimum requirements for a lot pro- vided in Section 4.05 of this ordinance; (b) Two-family dwellings. Each two-family dwelling shall be located on a lot of a size and width not less than the minimum requirements for a lot provided in Section 4.05 of this ordinance, plus four hundred (400) square feet for each room of eighty (80) or more square feet used for dwelling purposes in excess of one (1) living unit; (c) Other dwellings. Each dwelling other than a one-family or two-family dwelling shall be located on a lot of sufficient area to provide three thousand (3000) square feet for each dwelling unit to be contained therein; (d) Lot Limitations. No more than one dwelling shall be placed on a single lot within a recorded plat, except that parcels described as "outlots" may be so arranged or subdivided as to provide for one or more dwellings when the land area allocated to each dwelling is equal to or greater than the lot area re- quired for the district, and the dwelling and land complies with all of the other requirements of the district in which it is located. Section 2. Sections 7.02, 7.04, 7.05, 7.06 and 7.07 of Article 7.00 of Ordinance No. 60, as amended, are hereby amended to read as follows: Section 7.02. Uses Permitted. In all R-3 Districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: (a) All uses permitted in R-2 Districts; (b) Multiple dwellingslapartment houses, rooming houses, and hotels, on approval of the City Planning Commission. The ap- plicant shall submit to the City Planning Commission a site plan indicating the location of all buildings, structures, points of ingress and egress, and off-street parking facilities. Page 3576 City Planning Commission approval shall be granted only where the required site plan indicates that the proposed use is not likely to endanger ar be detrimental to the public safety and welfare, and where all other requirements of this article have been complied with. Section 7.04. Front Yard. Each lot in R-3 Districts shall have a front yard of not less than thirty-five (35) feet in depth. Section 7.05. Side Yards; Residential Use. Every lot on which a multiple dwelling is erected shall be provided with a side yard an each side of such lot. Each such side yard shall have a minimum width of twenty (20) feet which shall be increased by one-half (1/2) foot for each ten (10) feet or part thereof by which the length of the multiple dwelling exceeds fifty (50) feet in over-all dimension along the adjoining lot line. Section 7.06. Side Yards• Non-Residential Use. Every lot on which a building or structure used tor non-dwelling purposes, other than accessory buildings is erected, shall be provided with a side yard on each side of such lot. Each such side yard shall have a minimum width of twenty (20) feet which shall be increased by one (1) foot for each five (5) feet or part thereof by which the length of the building or structure exceeds fifty (50) feet in over-all dimension along the ad- joining lot line and also, by an additional one (1) foot for every two (2) feet or part thereof by which the height of such building or structure exceeds thirty-five (35) feet. Section 7.07. Side Yards; Abutting Upon Street. In R-3 Districts the width of side yards abutting upon a street shall not be less than twenty (20) feet at the first floor level, when rear yards abut rear yards; however, in the case of a rear yard abutting a side yard of an adjacent lot, the side yard abutting upon a street shall not be less than twenty- five (25) feet. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 4. Should any portion of this ordinance he held invalid for any reason, such holding shall not be construed as affecting the validity of the re- maining portion of this ordinance. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Uouncil. By Councilman Kleinert, seconded by Councilman Salvadore, it was #191 -59 RESOLVED that, pursuant to the recommendation of the City Plan- t. Commission dated March 10, 1959, in regard to Petition No. Z-358 submitted by Leonard Farber on behalf of G. & D. Rohde and M. & M. Priemer for change of zoning in the Northeast 1/4 of Section 20 from AGB to R-1-A, the Council does hereby concur in said recommendation and does hereby ap- prove said petition; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Page 3877 A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant. NAYS: Bagnall. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Sasser and unanimously adopted, it was #195-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated March 10, 1959, in regard to Petition No. Z-360 submitted by R. J. Silberstein on behalf of J. & V. Reding for change of zoning in the Northwest 1/4 of Section 17 from AGB to R-1-A for the western 30 acres thereof and from AGB to R-3 for the eastern 10 acres thereof, the Council in accordance with said recommendation of the Planning Commission does hereby approve of the requested zoning change to R-1-A and makes no decision nor recommendation whatsoever at this time in regard to the re- quest for a change of zoning to R-3 in order to afford the City Planning Commission ample time to make an affirmative or negative recommendation thereto; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Sasser, seconded by Councilman Kleinert, it was #196-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated March 10, 1959, in regard to Petition No. 1-362 as amended submitted by Harry Lightstone for change of zoning in the South- west 1/4 of Section 31 from AGB and RUFB to R-1-A and C-1, the Council does hereby concur in said recommendation and does hereby approve said petition as amended, and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, O'Neill, Bagnall, Kleinert and Grant. NAYS: McCann. The President declared the resolution adopted. By Councilman Bagnall, seconded by Councilman Salvadore and unanimously adopted, it was #197-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated March 20, 1959, in regard to Petition No. Z-367 sub- mitted by Phil Dembs of Nelson Homes, Inc. for change of zoning in the Northwest 1/4 of Section 11 from RUF (A & B5 to R-1-A, the Council does hereby concur in said recommendation and does hereby approve said petition; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. Page 30(0 By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was #198-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated March 24, 1959, in regard to Petition No. Z-369 sub- mitted by Ivan M. and Kattie S. May for change of zoning in the Northeast 1/4 of Section 3 from RUFB to R-1-A, the Council does hereby concur in said recommendation and does hereby approve said petition; and the Department of Law is ins tructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Salvadore„ seconded by Councilman Sasser and unanimously adopted, it was #199-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated March 24, 1959, in regard to Petition No. Z-371, as amended, submitted by Clarence J. Boldt and Ruth W. Boldt for change of zoning in the Northeast 1/4 of Section 11 from RUB to P-1, the Council does hereby concur in said recommendation and does hereby approve said petition as amended; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman McCann, seconded by Councilman Kleinert and unanimously adopted, it was #200-59 RESOLVED that, pursuant to the recommendation of the City Plan- ning Commission dated March 24, 1959, in regard to Petition No. Z-372 sub- mitted by Carey Homes, Inc., for change of zoning in the Northeast 1/4 of Section 11 from RUFB to R-1-As the Oouncil does hereby concur in said re- commendation and does hereby approve said petition; and the Department of Law is instructed to prepare an ordinance amending Ordinance No. 60 in accordance with this resolution. By Councilman Sasser, seconded by Councilman Salvadore and unanimously adopted, it was #201-.59 RESOLVED that, having considered the report and recommendation of the City Planning Commission dated March 24, 1959, in regard to Petition No. V-42 submitted by E. C. Imonen & A-sociates to vacate an easement in the Northwest 1/4 of Section 3, the Council concurs in the recommendation of the City Planning Commission and Petition No. V-42 is hereby approved; provided, however, that the petitioner grant to the City of Livonia another easement of equal width for public utility purposes to be substituted in lieu of the aforementioned easement to be vacated; and the Department of Law is instructed to prepare a vacating ordinance in conformity with this resolution. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was Page 3879 #202.59 RESOLVED that, Petition No. V-4111 submitted by D. C. Tear and Stanley Czarny requesting the City Council to vacate a certain easement across the North 6 feet of Lot 451, Thomas Elliot Subdivision, is hereby referred to the City Planning Commission for action according to law and Ordinance No. 29. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #203-59 RESOLVED that, before determining to install street lights in the following area: Livonia Gardens Subdivision situated in the North- east 1/4 of Section 22 and bounded by Berwick on the West, Five Mile Road on the North, Merriman on the East and Lyndon on the South; street lights to be installed on the East side of Berwick, South side of Five Mile Road, West side of Merriman Road and North side of Lyndon and on both sides of Auburndale, Melrose and Arden, the latter streets being within the boundary of the said subdivision; the cost of which is to be defrayed by special assessment, the City Engineer is hereby required to ascertain tip assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, at to prepare, or cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk, together with his recommendation as to what proportion of the cost should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 6 of Ordinance No. 31, as amended. By Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, it was #204-59 RESOLVED that, having considered the recommendation of the Traffic Commission and the letter from Mr. J. Hodi, Manager of Warehousing and Transportation for the Kroger Company, dated March 13, 1959, the Council does hereby request that there be installed on the east side of Middlebelt iload immediately north of the C. & O. railroad tracks a "No Left Turn" aign to prohibit left hand turns into the south entrance of the Kroger warehouse parking lot situated on the west side of Middle- belt Road in the City of Livonia; and the City Clerk is hereby requested to transmit copies of this resolution to the Wayne CountyRoad Commission to the attention of Mr. Russell Harrison. By Councilman Salvadore, seconded by Councilman Kleinert, it was #205-59 RESOLVED that, having considered the communications from Mr. and Mrs. Richard A. Klein, 9905 Shadyside Avenue, and having also con- sidered the recommendation of the Water and Sewer Board dated March 24, 1959, in regard to. the request of the said. Mr. and Mrs. Klein, for per- mission to extend a certain sanitary sewer, the Council does hereby grant permission to the aforementioned parties to extend the sanitary sewer located on Ann Arbor Trail, west of Hix Road to Lot No. 9, Candace Sub- rage ,ouv division on the condition that the aforementioned parties assume all construction costs in connection with the installation of the requested sewer extensions including the cost of the cross-over; and provided further that the Council, having given consideration to the fact that the petitioners propose to install a ten inch cross-over in order that the aforementioned trunk sewer will be available to their property, does hereby determine that the connection charge in this case shall be $125.00 for the following reasons: (a) The trunk sewer is being made available to petitioners' property, at the petitioners' expense, by the installation of a ten inch cross-over and at no expense to the City; and (b) The cross-over is of such dimensions that it will make the trunk sewer available to adjacent properties. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Kleinert and Grant. NAYS: Bagnall . The President declared the resolution adopted. By Councilman Kleinert, seconded byC ouncilman Sasser, it was #206-59 RESOLVED that, having considered the report and recommendation of the Chief City Engineer dated March 17, 1959, and approved by the Director of Public Works, regarding additional work to be performed in connection with Section III of the present Water Main Extension project, the Council does hereby authorize and add the sum of $440.00 to the contract dated December 22, 1958, by and between the City of Livonia and S. Weissman Excavating Company, Inc. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Bagnall and unanimously adopted, it was #207-.59 RESOLVED that, the petition dated March 7, 1959, from residents of Laurel Road and Pine Tree Road requesting that certain portions of such roads be designated by the City as public streets, is hereby referred to the Department of Public aorks for a report indicating the present condition of such roads and the estimated cost of bringing the said roads up to minimum county standards and such petition is likewise referred to the Department of Law for an opinion in connection with the procedure to be employed in accepting a dedication of said streets in the event that the Council determines to accept same as part of the Livonia Public Street system. Page 3861 By Councilman Salvadore, seconded by Councilman Kleinert, it was #008-59 RESOLVED that, having considered the letter from the Traffic Commission dated March 13, 1959, the Council does hereby transfer the sum of $150.00 from the Unappropriated Surplus to the Special Traffic Control Account for the purpose of paying 50% of the cost of removal and reinstallation of a traffic signal device on Plymouth Road and adjacent to Gate 7 of the Ford Motor Company, Parts Depot Plant. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnall, seconded by C ounces lman Salvadore, it was #209-59 RESOLVED that, the Department of Law is hereby authorized to engage the services of two professional appraisers for the purpose of appraising a parcel of property approximately one acre in area and situated immediately north of Seven Mile Road at Haggerty Road; and provided further that the cost of such appraisal services shall be borne by the revenues of the existing Water Revenue Bond Issue. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman McCann, it was #210-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated March 27, 1959, and approved by the Director of Public Works, the Council does hereby approve of and grant the request of Dr. Applefield, the owner of Parcel 11A1b, situated in Section 11 of the City of Livonia, for permission to extend a sanitary sewer south from Seven Mile Road and Mi,ddlebelt Road to service a proposed clinic to be constructed on the aforementioned parcel; provided, however, that this approval is granted on the following conditions: (a) That the plans and specifications for the proposed extension be spproved by the Engineering Division of the Department of Public Works; (b) That the extension be installed and constructed in accord- ance with such approved plans aad specifications; and (c) That the petitioner deposit with the City a sum equal to 3% of the estimated cost ($10049) of such installation to cover the City's expense for inspection and engineering fees. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, 3alvadore, McCann, O'Neill, Bagnall , Kleinert and Grant. NAYS: None. Page joot A recess was called at 9:35 P. M., after which the meeting resumed with all members present who were named as present in the original roll call of this meeting, including Councilman Salvadore. With the consent of all members present, the Council departed from the regular order of the agenda to consider the Redford Shaw Drain and Lyndon Outlet. By Councilman Bagnall„ seconded by Councilman O'Neill and unanimously adopted, it was #211-59 RESOLVED that, the Council having considered the communication from the Department of Law dated February 19, 1959, in regard to the pro- posed improvement of the Redford-Shaw Drain by the Wayne County Drain Commissioner and having been informed that a portion of the City of Livonia will be included in such benefit area, the Council does hereby determine that it is in the best interest of the City to construct the Lyndon Outlet, as it appears in the approved Master Storm Sewer Plan dated January 29, 1957, prepared by Hubbell, Roth and Clark, which project consists of an outlet enclosure between Inkster Road and the Rouge River, it being the under- standing of the Council that upon receiving a petition for such projects the office of the Wayne County Drain Commissioner will exclude all portions of the City of Livonia from any benefit area and that there will be no Charges, assessments or costs of any nature whatsoever levied against the City of Livonia in connection with the aforementioned improvement of the Redford-Shaw Drain; and further that the Council does hereby request the office of the Wayne County Drain Commissioner to prepare and submit to the Council of the City of Livonia the necessary resolutions and petitions in order that the Council may properly petition for the aforementioned project in accordance with the provisions of Act ). O of the Public Acts of Michigan, 1956, which act is known as the Drain Code of 1956. By Councilman Kleinert, seconded by Councilman Sasser, it was #212-59 RESOLVED that, W. Thomas Sinacola, 29155 West Seven Mile Road, Livonia, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Sinacola Subdivision located on the South side of Seven Mile Road approximately 175 feet East of Middlebelt in the Northwest 1/14 of Section -12,Uity of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of October 9, 1956 and July 1, 1958; and it further appearing that said proposed plats together with the plans and specifications for improvements therein, have been approved by the Department of Public Works under date of April 7, 1959; the City Council does hereby appratre said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the date of this resolution; rage jou., (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been s atis- factorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following amount: One Hundred Forty-Seven Thousand Dollars and until all inspection fees and other charges due to the City of LivoniA have been fully paid; (4) That the proprietor submit to the City Engineer as-built plans of all improvements installed in the subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Salvadore, it was #213-59 RESOLVED that, Dotty Realty Company, 12959 Lincoln Avenue, Hunting- ton Woods, Michigan, as proprietors, having requested the City Council to approve the proposed plat of the following Subdivision: Meadowview Sub- division, located in the Southeast and Northeast 1/4 of Section 20 and the Northwest and Southwest 1/4 of Section 21,City of Livonia; and it appearing that tentative approval of said proposed plat was given by the City Planning Commission under date of October 14, 1958; and it further appearing that said proposed plat, together with the plans and specifications for improvee merits therein, have been approved by the Department of Public Works under date of April 6, 1959; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of Public Works, within a period of two (2) years from the data of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily Page 3004 installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satis- factorily installed or, in lieu thereof, there is filed with her by said proprietors a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the follow- ing amounts: Meadowview Subdivision $189,000.00 Meadowviev Subdivision No. 2 59,000.00 Meadowview Subdivision No. 3 84,000.00 and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as-built plans of all improvements installed inthe subdivision, on cloth reproducible material; (5) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman Kleinert, it was ##214-59 RESOLVED that, James S. Bonadeo, 15500 Beech Road, Detroit 19, Michigan, as proprietor, having requested the City Council to approve the proposed plat of the following Subdivision: Bonnydale Subdivision No. 3 and No. 14, located in the Southeast 1/4 of Section 17, City of Livonia; and it appearing that tentative approval of s aid proposed plat was given by the City Planning Commission under date of February 3, 1959; and it further appearing that said proposed plat, together with the plans and specifications for improvements therein, have been approved by the Depart- ment of Public works under date of April 7, 1959; the City Council does hereby approve said proposed plat on the following conditions: (1) All of such improvements shall be installed in conformance with the Plat Ordinance (No. 135) as amended, of the City of Livonia, and the rules and regulations of the Department of rublic Works, within a period of two (2) years from the date of this resolution; (2) That the installation of such improvements shall be super- vised and inspected by the Department of Public Works and such improvements shall not be considered as having been satisfactorily Page 3db5 installed until there is filed with the Council a Certificate as provided in Section 14 of said Ordinance No. 135, as amended; (3) That the City Clerk is not authorized to affix her signature to said Plat until either said improvements have been satis- factorily installed or, in lieu thereof, there is filed with her by said proprietor a bond to the City of Livonia, in such form as may be approved by the City Attorney, and in the following ampuints: Bonnydale Subdivision No. 3 $147,000.00 Bonnydale Subdivision No. 4 182,000.00 and until all inspection fees and other charges due to the City of Livonia have been fully paid; (4) That the proprietor submit to the City Engineer as-built plans of all improvements installed in the subdivision, on cloth reproducible materials; (5) On full compliance with the above conditions and with the provisions of said Plat Ordinance, as amended, the City Clerk is hereby authorized to affix her signature to said Plat as evidence of this approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None, By Councilman Sasser, seconded by Councilman Salvadore, it was #215-59 RESOLVED that, pursuant to the report and recommendation of the Chief City Engineer dated March 19, 1959, and approved by the Director of Public Works, item No. 3 of Council resolution #253-58 adopted on April 28, 1958, is hereby amended so as to require a subdivision improvement bond in the amount of $8,000.00 for the Patty Ann Subdivision to cover the cost of remaining improvements to be installed in said subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, MCCann„ O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnalloseconded by Councilman Sasser, it was #216-59 RESOLVED that, having considered the request from the City Planner dated March 24, 1959, approved by the Mayor and Budget Director, the Council does hereby transfer the sum of $90.00 from City Planning Commission Account No. 1-C to City Planning Commission Account 1-X, such transfer being made for the purpose of providing additional monies for clerical salaries. Page 3000 A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Sasser, seconded by Councilman Salvadore, it was #217-59 RESOLVED that, having considered the request from the Director of Public Safety and Police Chief dated March 20, 1959, and approved by the Mayor, the Council does hereby transfer the sum of $200.00 from the Unappropriated Surplus to Police Department Budget Account No. 70 (Capital Outlay) for the purpose of purchasing an electronic siren and amplifier to be used by the said department. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman McCann, seconded by Councilman Sasser and unanimously adopted, it was #218-59 RESOLVED that, the Council does herein reaffirm approval given to Carey Meadows Subdivision located on the Southwest corner of Bretton Road and Middlebelt Road in the Southeast 1/1.4 of Section 2, given by Council resolution #1487-58 adopted on July 27, 1958; provided, however, that this reaffirmation shall not in any way be construed to alter or change the terms and provisions of such resolution. By Councilman Salvadore, seconded by Councilman Sasser and unanimously adopted, it was #219-59 RESOLVED that, the Council does herein reaffirm approval given to Koloff's Greenbriar Meadows Subdivision No. 3 located approximately 1300 feet west of Ashurst Road in the Northwest 1/14 of Section 21, given by Council resolution #327-58 adopted on May 26, 1958; provided, however, that this reaffirmation shall not in any way be construed to alter or change the terms and provisions of such resolution. By Councilman McCann, seconded by Councilman Bagnall, it was RESOLVED that, having considered the letter from the Detroit Edison Company dated April 7, 1959, requesting a Grant of Easement across certain property of which the City of Livonia is land contract purchgser and having determined that the granting of an easement will cause no advantages to accrue to the City, the Council does hereby determine to reject the request of the Detroit Edison Company and not to authorize the requested Grant of Easement at this time. A roll call vote was taken on the foregoing resolution with the following result: Page 3887 AYES: Sasser, McCann and Bagnall. NAYS: Salvadore, O'Neill, Kleinert and Grant. The President declared the resolution denied. By Councilman Salvadore, seconded by Councilman O'Neill, it was #220-59 RESOLVED that, having considered the letter from the Detroit Edison Company dated April 7, 1959, requesting an easement across certain property of the City of Livonia, the Council does hereby approve of and authorize granting of an easement to the Detroit Edison Company to con- struct, operate and maintain its lines for the transmission of electricity and other uses incidental to the operations of such company across the following described property, which the City of Livonia is purchasing on land contract: Part of the Northwest i/4 of Section 22, T. 1 S., R. 9 E., beginning at a point on the west section line distant South 10 25' W. 1817.38 feet, from the N. W. section corner thence S. 99° 29' E. 2591.10 feet to the West line of Hubbard, thence N. 1° 17' 30" E. 20 feet, thence N. 880 29' 00" W. 2591.10 feet to the W. section line, thence S. 10 25' W. 20 feet to point of beginning; and further the Mayor and City Clerk are hereby authorized to affix their signatures to a Grant of Easement for and on behalf of the City of Livonia consistent with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Salvadore, O'Neill, Kleinert and Grant. NAYS: Sasser, McCann and Bagnall. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Sasser and unanimously adopted, it was #221-59 RESOLVED that, the Council does hereby approve and accept the Grant of Easement dated March 23, 1959, from Reynold F. Esch and Nellie C. Esch, his wife, to the City of Livonia, which instrument conveys to the City a 27 foot wide easement along the south side of Seven Mile Road, east of Haggerty Road and which has been secured in connection with the present water main extension project. By Councilman Bagnall, seconded by Councilman Salvadore, it was #222-59 RESOLVED that, the Department of Law is hereby authorized to engage the services of two appraisers to appraise the 2). acre park site owned by the City of Livonia and situated west of Merriman Road between Bell Creek and Grove Drive; and further the Council does hereby transfer Page 3888 the sum of 5300.00 from the Unappropriated Surplus to a special budget account to be designated Land Acquisition and Sale Account; Miscellaneous Expense, for the purpose of covering the cost of such appraisal services. A roll call vote was taken on the foregoing resolution with the following result: AYES: Sasser, Salvadore, McCann, O'Neill, Bagnall, Kleinert and Grant. NAYS: None. By Councilman Bagnall, seconded by Councilman McCann and unanimously adopted, it was #223-59 RESOLVED that, the regular meetings of the Council of the City of Livonia for the balance of the month of April shall be held on the third and fourth Mondays, such dates being April 20th and April 27th. The report of the Municipal Court for the month of February, 1959, was received and placed on file. On motion of Councilman Bagnall, seconded by Councilman Kleinert and unanimously adopted, this 275th regular meeting of the Council of the City of Livonia was duly adjourned at 10:17 P. M., April 13, 1959. eG W. Clark, City Clerk